A.
For the purpose of this chapter, the terms and words listed in this
section shall have the meaning herein defined. Words not herein defined
shall have the meanings given in Webster's Unabridged Dictionary (most
recent edition) and shall be interpreted so as to give this chapter
its most reasonable application.
B.
For the purpose of this chapter, the following rules of interpretation
shall apply:
(1)
Words in the present tense include the future tense.
(2)
Words in the singular include the plural and words in the plural
include the singular.
(3)
The words "used" and "occupied" as applied to any land or buildings
shall be construed to include the words "or intended, arranged or
designed to be used or to be occupied, or offered for occupancy."
(4)
The term "such as" shall be considered as introducing a typical or
illustrative designation of items, and shall not be interpreted as
constituting a complete list.
(5)
The words "person" and "owner" shall be deemed to include a firm,
company, corporation, unincorporated association, organization, trust
and a partnership, or other legal entity, as well as an individual.
(6)
The words "building" and "structure" shall be construed as if followed
by the phrase "or part thereof."
(7)
The word "lot" includes the words "plot" and "parcel."
(8)
The word "water body" includes lake, pond, dammed water and water-filled
quarry.
(9)
The word "watercourse" includes channel, creek, ditch, dry run, spring,
stream and river.
(10)
The word "erect" shall mean to build, construct, alter, repair,
display, relocate, attach, hang, place, suspend, affix or maintain
any structure or building and shall also include the painting of exterior
wall signs.
(11)
The term "shall" is always mandatory; the terms "may" and "should"
are permissive.
(12)
The masculine gender shall include the feminine and the neuter
and vice versa.
Other terms or words used herein shall be interpreted or defined
as follows:
An additional dwelling unit added onto, or created within,
a single-family detached dwelling for occupancy by a person or persons
related by blood, marriage, or adoption to the occupants of the principal
dwelling.
A building detached from and subordinate to the principal
building or use on the same lot and used for purposes customarily
incidental to the principal building, but not including vehicles,
mobile homes, travel trailers, truck trailers, or any parts thereof.
An accessory building may not house a principal use nor may it stand
alone on a lot as a principal building.
An accessory use to a principal detached single-family dwelling
that is not contained upon a farm, whereupon livestock are kept by
the residents of the site.
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use
or building.
See "Pennsylvania Municipalities Planning Code."
Buildings and/or locations where agricultural enterprise,
agricultural education and agricultural tourism take place.
Activities, programs, meetings, festivals, shows, events,
or exhibits conducted for the primary purpose of education and/or
awareness with respect to any aspect of farming or agriculture, including
agricultural production, land and water resources, environmental and
alternative energy education, historic preservation of buildings and
equipment, community-supported agriculture (CSA), faith-based initiatives,
educational camping programs, food processing and rural family culture
and way of life.
A business or activity involving either the production of
plants or animals or related agricultural services that support the
harvesting, processing, marketing, and commerce of agricultural products
and their related services, including agricultural tourism and educational
programs.
Activities, programs, meetings, festivals, shows, events,
or exhibits focused on tourists' participation in and experience of
the farming lifestyle or activities, including facilities necessary
for conducting tourist activities such as enterprise education centers,
exhibition halls, trade exposition centers, assembly halls, museums,
art galleries, classrooms, gift shops, offices, food services, tourist
housing (cabins or farmhouse lodges), event parks or facilities used
for picnics, concerts, festivals, shows, plays or other community
events, or any other tourist-related agricultural tourism activity.
The cultivation of the soil for food products or other marketable
products, not including animal husbandry or storage and/or processing
of products grown on other premises.
An improved airstrip/landing strip where aircraft can land
and take off, usually equipped with hangars, facilities for refueling
and repair, accommodations for passengers, freight, etc.
An area adapted with minimal improvements for use as a temporary
runway for aircraft.
A public thoroughfare (less than 20 feet in width), other
than a street, which affords only a secondary means of access to abutting
property and is not intended for general traffic circulation.
Any enlargement of the total floor area of a building, any
enclosure by adding walls beneath a previously roofed area, any extension
of a roof line to cover additional lot area not previously covered,
or any construction which increases the cubic content of a building.
Any change in the supporting members of a building, such
as bearing walls, columns, beams, or girders.
[Added 1-7-2019 by Ord. No. 2019-01]
A concentrated animal operation (CAO) which is an agricultural
operation with eight or more animal equivalent units (AEUs) where
the animal density exceeds two AEUs per acre on an annualized basis,
as defined under the Pennsylvania Nutrient and Odor Management Act
regulations, 25 Pa. Code § 83.201 et. seq., as amended.
A concentrated animal feeding operation (CAFO) which a concentrated
animal operation with greater than 30 AEUs, any agricultural operation
with greater than 1,000 AEUs, or any agricultural operation defined
as a large CAFO under the Clean Streams Law, 40 CFR 122.23(b)(4),
as amended, and Pennsylvania Nutrient and Odor Management Act regulations,
25 Pa. Code § 92a.2 et. seq., as amended.
For purposes of this definition, an applicant for an intensive
animal husbandry operation shall provide the Zoning Officer with written
proof of the calculations used to identify the operation and the Zoning
Officer shall refer to the applicable regulations for necessary calculations.
The practice of raising, breeding or keeping livestock or
fowl that involves animals or birds which obtain their principal food
source by grazing or foraging from the land and receive only supplementary
feed at centralized feeding stations. This shall include conventional
dairying operations and similar uses satisfying the above criteria.
[Amended 1-7-2019 by Ord.
No. 2019-01]
One animal unit is equal to a total of 1,000 pounds of animal(s)
as further defined with standard weights of various animals in accordance
with Section 83.262 of the Nutrient Management Act.[1] Standard weights to be used in calculations are as provided
in Table 1 of the latest edition of Agronomy Facts 54, as published
by the Penn State College of Agricultural Sciences, Agricultural Research
and Cooperative Extension.
On a lot, a building that is used for the repair or painting
of bodies, chassis, wheels, fenders, bumpers, and/or accessories of
automobiles and other vehicles for conveyance.
The zoning district within which a development or structure
is located.
A story partly below the finished grade, but having at least
one-half of its height (measured from finished floor to finished ceiling)
above the average level of the finished grade where such grade abuts
the exterior walls of the building. A basement shall be considered
as one story in determining the permissible number of stories.
A yard space, adjacent to a property line or building, which
contains landscaping and plantings designed to screen, separate and
shield a potentially incompatible use from adjoining properties.
A structure which has a roof supported by columns, piers,
or walls, which is intended for the shelter, housing, or enclosure
of persons, animals, or chattel or which is to house a use of a commercial
or manufacturing activity.
BUILDING, ATTACHEDA building which has two party walls in common.
BUILDING, DETACHEDA building which has no party wall.
BUILDING, SEMIDETACHEDA building which has only one party wall in common.
The total area of outside dimensions on a horizontal plane
at ground level of the principal building and all accessory buildings
exclusive of cornices, eaves, gutters, or chimneys projecting not
more than 18 inches; bay windows not extending more than one story
and not projecting more than five feet; and steps and balconies.
The vertical dimensions measured from the average elevation
of the finished lot grade at the front of the building to the highest
point of the ceiling of the top story, in the case of a flat roof;
to the deck line of a mansard roof; and to the average height between
the plate and ridge of a gable, hip, or gambrel roof.
A line located along and drawn parallel to a wall or other
exterior supporting member of a structure or portion thereof, excluding
self-supportive projecting architectural features that project five
feet or less. Yard requirements are applied from the lot lines to
said building lines.
A building in which the principal use of the lot is conducted.
See "garage, private."
A story partly below the finished grade having at least one-half
of its height (measured from finished floor to finished ceiling) below
the average level of the adjoining finished grade where such grade
abuts the exterior walls of the building. A cellar shall not be considered
a story in determining the permissible number of stories.
A certificate issued by the Zoning Administrator upon the
completion of construction of a new building or upon a change or conversion
of a structure or use of a building. This document certifies that
the applicant has complied with any and all requirements and regulations
provided herein and all other applicable requirements. This certificate
is also utilized for registration of nonconforming uses of land or
nonconforming uses of land and structures in combination.
An individual building or cluster of buildings (on a lot
in single or common ownership) operated by one or more licensed medical
or dental practitioners for the purpose of providing medical or dental
treatment to the public on an outpatient basis.
Producing and/or maintaining animals other than for the personal
use of the occupant(s) of the property on which such animals are produced
and/or maintained.
A use of land or improvements thereto for the purpose of
engaging in retail, wholesale, or service activities for profit.
Any device used for the transmission or reception of radio,
television, wireless telephone, pager, commercial mobile radio service
or any other wireless communications signals, including, without limitation,
omnidirectional or whip antennas and directional or parcel antennas,
owned or operated by any person or entity licensed by the Federal
Communications Commission (FCC) to operate such device. This definition
shall include private residence mounted satellite dishes or television
antennas or amateur radio equipment, including, without limitations,
ham or citizen band radio antennas.
An unmanned building or cabinet containing communications
equipment required for the operation of communications antennas and
covering an area on the ground not greater than 250 square feet.
A structure other than a building, such as a monopole or
a self-supporting or guyed tower, designed and used to support communications
antennas.
An agricultural operation that meets the criteria established
by the Department of Environmental Protection under authority of the
act of June 22, 1937 (P.L. 1987, No. 394), known as the "Clean Streams
Law," 35 P.S. § 691.1 et seq.
A building, part of a building, or land area for the construction
or storage of materials, equipment, tools, products, and vehicles.
[Added 6-28-2021 by Ord. No. 2021-2]
Land and buildings utilized by a contractor for the storage
of vehicles, equipment, tools, machinery, building materials, stone,
soil, fuel and/or similar items that relate to the normal operations
of a contractor for off-site construction or improvement projects.
[Added 6-28-2021 by Ord. No. 2021-2]
Agricultural operations meeting the criteria established
in the Nutrient Management Act.[2] Generally, concentrated animal operations are those agricultural
operations where the animal density exceeds two animal units (AEUs)
per acre on an annualized basis.
The building, reconstruction, demolition activities for reconstruction,
extension, expansion, alteration, substantial improvement, erection
or relocation of a building or structure, including mobile homes.
This shall include the placing and fastening of construction materials
in a permanent position. Earth-moving activities shall not be deemed
construction.
The ratio of the area of all portions of a lot covered by
buildings to the total area of the lot, excluding any portion of the
lot within the street right-of-way.
The ratio of the area of all portions of a lot covered in
any way so as to not allow the ground beneath to absorb water at a
natural rate to the total area of the lot, excluding any portions
of the lot within the street right-of-way.
Such pets as are normally found within the home, such as
dogs, cats, hamsters, birds, etc.
The number of dwelling units permitted in relation to the
land area actually in use or proposed to be used for residential purposes,
exclusive of public and/or private streets.
The provisions for the development of a planned residential
development, including a plat of subdivisions; all covenants relating
to use, location, and bulk of buildings and other structures; intensity
of use or density of development; streets, ways, and parking facilities;
common open space; and public facilities.
A portion of East Hanover Township within which certain uniform
regulations and requirements or combination thereof apply under the
provisions of this chapter.
One or more rooms connected together, constituting a separate,
independent housekeeping establishment for owner occupancy, or rental
or lease on a weekly, monthly, or longer basis, and physically separated
from any other rooms or dwelling units which may be in the same structure,
and containing independent cooking and sleeping facilities for one
family.
A detached (separate) building designed for or occupied exclusively
by one family on an individual lot; however, this shall not include
single-unit mobile homes which are defined separately.
A building with one dwelling unit from the ground to roof
and only one party wall in common with another dwelling unit. Commonly
described as a "duplex," the semidetached, single-family dwelling
is on an individual lot, is connected on one side to a similar dwelling
on an adjacent lot and is usually owner-occupied.
A separate building on an individual lot with two dwelling
units from ground to roof (one unit over the other). These units are
normally renter-occupied and are not designed for further subdivision.
A building with two dwelling units from ground to roof (one
unit over the other) and only one party wall in common with another,
connected to a building which may contain one or two dwelling units.
The two-family semidetached dwelling is on an individual lot, and
may be rental or owner-occupied.
An additional dwelling unit placed on a property for occupancy
by either an elderly, handicapped, or disabled person related by blood,
marriage, or adoption to the occupants of the principal dwelling.
One or more persons occupying a single dwelling unit, provided
that, unless all members are related by blood or marriage, or are
legal foster children, no such family shall contain over five persons,
but provided further that domestic servants employed on the premises
may be housed on the premises without being counted as a family or
families.
A parcel of land of 10 or more acres used principally in
the raising or production of agricultural products, with the customary
dwelling, farm structures, storage and equipment. Adjoining tracts,
parcels or separately deeded properties which are owned and farmed
integrally as part of the same farming operation shall be considered
jointly as one farm.
An accessory farm dwelling is a second dwelling having as
its occupant(s) an owner or one or more full-time laborers (or any
family member thereof) on the farm.
A building or structure which is necessary to the principal
building, which provides for the storage of motor vehicles of the
families residing on the premises and in which no occupation, business
or service for profit is conducted.
A structure, building, or area of land or any portion thereof used primarily for the servicing and repair of automotive vehicles. A repair garage may provide one or more of the following services: general mechanical repair of motor vehicles, including state inspection, lubrication, washing, or sale of accessories and motor vehicle fuels. Uses permissible as a repair garage do not include body work, straightening of body parts, painting, welding, and storage of certain vehicles as per § 250-183 of this chapter. A repair garage is not an automobile body shop or a retail automotive parts store.
Multifamily apartment buildings located on a plot of land
under one ownership. Garden apartments are two stories high, with
individual apartments on each story. Garden apartment buildings shall
contain at least four, but not more than 16, dwelling units in a single
structure, with the units generally renter-occupied. The garden apartments
share:
A structure, building, or area of land or any portion thereof
that is used solely for the sale of gasoline, or other motor vehicle
fuel, lubricants, or minor accessories for travelers' convenience
(e.g., windshield wiper blades, spark plugs, fuses, bulbs, etc.).
Said use shall not include the sale of automotive parts, tires, service,
polishing or washing. Any business or industry dispensing gasoline
solely for its own use and vehicles will not be deemed a gasoline
station.
The completed surfaces of lawns, walks, and roads brought
to grades as shown on official plans of designs relating thereto.
A state authorized, certified, or licensed facility situated
and operated as a substitute home with a family environment serving
13 or fewer mentally disordered, handicapped, dependent, or neglected
persons who do not require nursing care. Adult supervision and supportive
care shall be provided to residents on a twenty-four-hour basis and
shall be in accordance with the Public Welfare Code of Pennsylvania.
The sum of the floor area of all heated, finished rooms,
within a dwelling unit, used on a daily basis for habitation. Such
area may include living rooms; recreation rooms; kitchen; dining rooms;
bedrooms; bathrooms; hallways; closets; heated and finished basements,
cellars, and attics; attached garages which have been converted into
an integral part of the living quarters; but does not include garages;
porches, whether roofed, unroofed or enclosed; roofed terraces; unfinished
and unheated basements, attics, cellars, or garages; etc.
Any garbage, refuse, sludge from an industrial or other wastewater
treatment plant, sludge from a water supply treatment plant, or air
pollution control facility and other discarded material resulting
from municipal, commercial, industrial, institutional, mining, or
agricultural operations, and from community activities, or any combination
of these factors which, because of its quantity, concentration, or
physical, chemical, or infectious characteristics, may:
Any gainful occupation conducted within a dwelling which
is of a service or professional nature such that the following conditions
are met, as applicable: 1) the proprietor engages primarily in the
sale of a service, 2) the handling of any durable goods is limited
to primarily repairing or hand-crafting, and 3) the handling of non-durable
or consumable goods for sale is incidental to the service. Such home
occupations include, but are not limited to: physicians, dentists,
lawyers, architects, engineers and accountants; insurance, real estate
or securities broker; barbers and beauticians; photographers; tutors
of individual students; seamstresses and tailors; and other occupations
meeting these criteria which are not otherwise prohibited by law.
Occupations of a nature that involve the stocking of items for retail
or wholesale transfer, or use of facilities that involve a gathering
of people, or occupations that normally use large areas, or customarily
are not compatible with dwellings, by virtue of creating excessive
noise, fumes, odor, dust, electrical interference, or substantially
more than normal residential levels of traffic are prohibited. Prohibited
home occupations include, but are not limited to: retail and wholesale
stores; instructional classes of all types; shops and equipment storage
of contractors; auto, truck or engine repair; medical or dental clinics.
(See also "no-impact home-based business.")
A place for the diagnosis, treatment, or other care of humans
and having facilities for inpatient care, including such establishments
as a sanitarium, sanatorium, and preventorium.
A building used as the more or less temporary abiding place
of three or more individuals who are, for compensation, lodged with
or without meals, and in which no provision is made for cooking in
any individual room or suite. A hotel may include restaurants, newsstands,
and other accessory services primarily for serving its occupants and
only incidentally the public.
A surface which prevents the percolation of water into the
ground. For the purposes of this definition, an impervious surface
includes any material impenetrable by precipitation, including buildings,
structures, sidewalks, parking lots, parking areas and paved areas.
All portions of parking lots, parking areas and outdoor storage areas
shall be considered as impervious area regardless of the degree of
precipitation penetrability.
A use within a completely enclosed building where firearms
and other projectile-type weapons (e.g., guns, rifles, shotguns, pistols,
air guns, archery, cross-bows, etc.) can be shot for recreation competition,
skill development, training, or any combination thereof. Nothing within
this definition shall be construed to include hunting when conducted
in accordance with the rules and regulations of the Commonwealth of
Pennsylvania.
An indoor establishment and accessory facilities for the
training of federal, state and local law enforcement, firesafety,
private security personnel and/or the general public in weapons and/or
tactics.
GENERAL INDUSTRIAL USEManufacturing or storage uses which, because of their shipping, storage and other requirements, should not be located in close proximity to residential and other non-industrial areas.
LIGHT INDUSTRIAL USEManufacturing or storage uses which are characterized by uses of large sites, attractive buildings and inoffensive processes, and which can be compatible with neighboring residential and other non-industrial areas.
A tract of land laid out in accordance with an overall plan
for a group of industries and businesses with separate building sites
designed and arranged on streets and with utility services, setbacks,
side yards, landscaped yards, and covenants controlling the architecture
and uses.
An animal husbandry operation that has an animal density
of more than two animal units per acre (AEUs) on the subject farm.
Nonnative, non-indigenous alien trees, shrubs, vines or herbaceous
species that have a tendency to spread and overcome or kill native
or indigenous vegetation. Species include, but are not limited to:
Multiflora Rose (Rosa Multiflora), Autumn Olive (Eleagnus umbellata),
Japanese Honeysuckle (Locicera japonica), Oriental Bittersweet (Celastrus
orbiculatus), Norway Maple (Acer platanoides), and Mile-a-Minute Weed
(Polygonum perforliatum).
A lot, land, or structure, or part thereof, used primarily
for the collecting, storage, and sale of wastepaper, rags, scrap metal,
or discarded materials, or for the collecting, dismantling, storage,
and salvaging of machinery or vehicles not in running condition, and
for the sale of parts thereof.
See "pet kennel."
Changing, rearranging or adding to the vegetation or appearance
of land to produce a visual, aesthetic or environmental effect appropriate
to the use of land. Landscaping may include reshaping the land by
moving earth, as well as preserving the original vegetation or adding
vegetation.
A business premises equipped with individual clothes washing
and/or drying machines for the use of retail customers, exclusive
of laundry facilities provided as an accessory use in a multifamily
housing development.
Any member of the bovine, equine, porcine, or ovine species,
including, but not limited to, cows, steers, horses, ponies, pigs,
sheep and goats.
An off-street space not less than 12 feet wide by 55 feet
long and having a minimum clear height of 15 feet, exclusive of access
area, for the parking of one vehicle while loading or unloading merchandise
or materials.
A single tract or parcel of land, which may legally be described
as such, held in single or joint ownership, which is occupied or capable
of being occupied by one principal building or principal use together
with such accessory buildings, structures, and such open spaces as
are arranged and permitted by this chapter.
An area of land which is determined by the limits of the
property line bounding that area and expressed in terms of square
feet or acres. Any portion of a lot included in a street right-of-way
shall not be included in calculating lot area.
A development design option that allows some lots within
a development to be larger or smaller than is otherwise required by
a zoning district; provided the average lot size is equal to or greater
than the requirements of the district and that no common open space
is provided.
Impervious coverage.
A mean horizontal distance between the front and rear lot
lines measured in the general direction of its side lot lines.
Any line dividing a lot from another lot, street, or parcel.
The mean horizontal distance between the side lot lines,
measured at right angles to its depth. Required lot width shall be
measured at the most forward allowable building line or setback line;
however, in the case where one side lot line is not parallel to the
other side lot line, or of pie-shaped lots, the required lot width
shall be measured at a point equal to 50% of the depth of the lot.
A lot at the point of intersection of and abutting on two
or more intersecting streets, and which has an interior angle of less
than 135° at the intersection of the two street lines.
A lot other than a corner lot, the sides of which do not
abut a street.
An interior lot having frontage on two parallel or approximately
parallel streets.
A process whereby substances, raw materials, and/or semi-finished
materials are chemically, mechanically, or otherwise transformed to
goods and products that have some economic value.
A manure storage facility, including a permanent structure
or facility, or a portion of a structure or facility, utilized for
the primary purpose of containing manure. The term includes liquid
manure structures, manure storage ponds, component reception pits
and transfer pipes, containment structures built under a confinement
building, permanent stacking and composting facilities and manure
treatment facilities. The term does not include the animal confinement
areas of poultry houses, horse stalls, free stall barns or bedded
pack animal housing systems.
A transportable, single unit structure intended for permanent
occupancy as a single-family dwelling or office, which is contained
in one unit or in two units designed to be joined into one integral
unit capable of again being separated for repeated towing, which arrives
at a site complete and ready for occupancy except for minor and incidental
unpacking and assembly operations, and which is constructed so that
it may be used without a permanent foundation.
A lot or area which is planned development and designated
to contain two or more mobile homes for rent or for sale. Any lot
or area proposed to utilize such design where individual mobile home
sites are proposed for sale shall be known as a mobile home subdivision.
Both parks and subdivisions are not to be construed to include recreational
vehicles.
An area within a mobile home park or mobile home subdivision
designated to contain one mobile home and the necessary utility connections
and appurtenances. The area may be rented to an occupant as in a mobile
home park, or sold to an occupant, as in a mobile home subdivision.
A sectional, single-family dwelling, intended for permanent
occupancy, contained in two or more units designed to be permanently
joined into one integral unit, which arrives at a site complete and
ready for occupancy except for assembly operations and construction
of the necessary permanent foundation. For the purposes of this chapter,
modular homes shall be treated the same as conventional stick-built
single-family dwellings.
A building or group of buildings, whether detached or in
connected units, used as individual sleeping or dwelling units, designed
with separate entrances and designed for occupancy, primarily for
transient automotive travelers, and provided with accessory off-street
parking facilities. The term "motel" includes buildings designated
as tourist courts, tourist cabins, motor lodges, and similar terms,
but shall not be construed to include mobile or immobile trailers
or homes.
A no-impact home-based business is a business or commercial
activity administered or conducted as an accessory use which is clearly
secondary to the use as a residential dwelling and which involves
no customer, client or patient traffic, whether vehicular or pedestrian,
pickup, delivery or removal functions to or from the premises, in
excess of those normally associated with residential use. (See also
"home occupation.")
A lot of record, existing at the date of the passage of this
chapter or any amendments thereto, which does not at this time have
the minimum lot width or contain the minimum lot area for the zoning
district in which it is located.
A sign which does not conform to the regulations of the district
in which it is located.
A structure, building, or part thereof which, at the time
of the enactment of this chapter or any subsequent amendments thereto,
does not comply with the provisions of this chapter or such amendments,
with respect to restrictions on lot coverage, height, yard requirements,
location on the lot, or other similar requirements.
A use, whether land, building, or structure, which does not
comply with the applicable use provisions of this chapter, or subsequent
amendments thereto, where such use was lawfully in existence at the
time of the amendment of this chapter or such amendments thereto.
The activities, practices, equipment and procedures that farmers
adopt, use or engage in the production and preparation for market
of poultry, livestock and their products and in the production, harvesting
and preparation for market or use of agricultural, agronomic, horticultural,
silvicultural and aquacultural crops and commodities and is:
The term includes new activities, practices, equipment and procedures
consistent with technological development within the agricultural
industry. Use of equipment shall include machinery designed and used
for agricultural operations, including, but not limited to, crop dryers,
feed grinders, saw mills, hammer mills, refrigeration equipment, bins
and related equipment used to store or prepare crops for marketing
and those items of agricultural equipment and machinery defined by
the Act of December 12, 1994, (P.L. 944, 3 P.S. §§ 1901–1915),
known as the Farm Safety and Occupational Health Act. Custom work
shall be considered a normal farming practice. Custom work includes
specific farm operations performed under contract between the farmer
and the contractor. The contractor furnishes labor, equipment and
materials to perform the operation. Custom harvesting of grain, spraying
and picking of fruit, and sheep shearing are examples of custom work.
Any lot or parcel of land used to cultivate, propagate, and
grow trees shrubs, vines, and other plants, including the buildings,
structures, and equipment customarily incidental and accessory to
the principal use.
A building with sleeping rooms where persons are housed or
lodged and furnished with meals and nursing care for hire.
A building containing office space for one or more persons
engaged in occupations or callings which required extensive learned
and academic preparation to secure knowledge or skill in a profession
such as medicine, law, divinity, or science, wherein professional
advice, guidance or instruction is provided. Occupations or vocations
which are trades, crafts, or businesses and often involve the sale
of a product shall not be considered professional offices.
Any occupation in the Agricultural District in addition to
the primary agricultural use whereby the farmer in residence engages
in an occupation that is secondary to the primary agricultural use.
The unoccupied space open to the sky on the same lot with
the building.
A parcel or parcels of land, an area of water, or a combination
of land and water, within a cluster development designed and intended
for the use of all residents of the development (common open space)
or the general public (public open space), not including streets and
walkways, off-street parking areas, areas with no public accessibility,
setbacks, and areas at other than ground level. Open space areas may
include floodplains and drainage basins. Common or public open space
shall be substantially free of structures but may contain such improvements
as are appropriate for recreational use by the residents or the general
public.
When used in determining the permissible number of lots which
may be subdivided in the Agricultural District, all contiguous land
held in single and separate ownership, regardless of whether such
land is divided into one or more lots, parcels, purparts or tracts;
such land was acquired by the landowner at different times or by different
deeds, devise, partition or otherwise; or such land is bisected by
public or private streets or rights-of-way, which was held by the
landowner or his predecessor in title on November 11, 1984, or, if
such land was not classified as Agricultural District on November
11, 1984, which was held by the landowner or his predecessor in title
on the date such land was first classified as Agricultural District
after November 11, 1984. Any limitation on the number of lots allowed
to be subdivided under prior provisions of a Township Zoning Ordinance
are hereby superseded and the number of permissible subdivisions shall
be based on the parent tract as defined on November 11, 1984. In addition,
any subdivision plan notes that limit future subdivision based on
provisions of any Township Zoning Ordinance in effect prior to November
11, 1984, are also null and void.
An off-street surfaced area designed solely for the parking
of motor vehicles, including driveways, passageways, and maneuvering
space appurtenant thereto.
An open or enclosed area accessible from a street or alley
for parking of motor vehicles for owners, occupants, employees, customers,
or tenants of the principal building or use. Each parking space shall
be not less than 10 feet wide and not less than 20 feet long, exclusive
of all drives, curbs, and turning space.
This enabling legislation provides the mechanism whereby
municipalities plan for community development through the adoption
of a Comprehensive Plan and zoning ordinance and the establishment
of planning commissions, planning departments and zoning hearing boards.
The Code authorizes the above bodies to request appropriations, charge
fees, make inspections, hold public hearings, make legal appeals,
and process penalties for violations. For the purposes of this chapter,
the Code, enacted as Act 247 of 1968, 53 P.S. § 10101 et
seq., is intended to include the current code and any future amendments
and shall be referred to hereafter as "MPC."
Building and zoning permit issued by the Zoning Administrator.
An enclosure or area (located outside a dwelling) which is
designed for keeping more than three birds or animals; however, this
does not include pet zoos or menageries.
Any customary domestic animal or bird that is kept for pleasure
rather than utility and which may be kept inside or outside of a dwelling.
An animal, bird or insect that is kept for pleasure that
is not a customary household pet, nor of a domesticated variety, provided
that it is not otherwise prohibited by law and is kept inside a dwelling.
The East Hanover Township Planning Commission.
A three- to five-member committee appointed by the Director
of the Lebanon County Planning Department from Department personnel.
The committee reviews sites to provide recommendations on design and
appropriate use of vegetation, topography, building orientation and
other site amenities which will result in effective energy conservation
and environmental control.
Any lot, parcel, or tract of land and any building constructed
thereon.
Land used for agricultural purposes that contains soils of
the first, second, or third class as defined by the United States
Department of Agriculture Natural Resources and Conservation Services
County Soil Survey.
The main purpose for which land or a building is designed,
arranged, intended, or for which it is or may be occupied or maintained.
A legally established road right-of-way, other than a street,
which provides the primary vehicular access to a lot.
Notice published once each week for two successive weeks
in a newspaper of general circulation in the municipality. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
ELECTRONIC NOTICENotice given by a municipality through the Internet of the time and place of a public hearing and the particular nature of the matter to be considered at the hearing.
MAILED NOTICENotice given by a municipality by first class mail of the time and place of a public hearing and the particular nature of the matter to be considered at the hearing.
A commercial establishment where food or beverage is sold
for consumption on the premises either in a customer's vehicle or
in an outside area, but not within a building.
An accessory use to a commercial restaurant where the customer
receives food or beverage via a drive-up window without the need for
the customer to leave his vehicle.
A commercial establishment where a limited selection of food
or beverage is sold either for consumption on the premises or as a
"take-out" service. Food preparation is designed for immediate service
to customers and food is normally prepared in advance to facilitate
this type of "fast" service.
An establishment where horses are kept, bred, trained and/or
exercised and where equestrian instruction and equestrian competition
may be offered, including but not limited to polo clubs, public show
rings and rodeos.
An establishment where horses are kept, bred, trained and/or
exercised and where equestrian instruction may be offered, but excluding
riding clubs.
See "townhouse."
A private hospital, whether or not such facility is operated
for profit.
A building and/or series of buildings divided into separate
storage units, for rent or lease, for personal property and/or property
associated with some business or other organization. These units shall
be used solely for dead storage and no processing, manufacturing,
sales, research and development testing, service and repair, or other
nonstorage activities shall be permitted.
[Added 6-28-2021 by Ord. No. 2021-2]
The horizontal distance from a lot line to the part of the
building nearest to such a lot line.
A group of stores, two or more in number, planned and designed
as an integrated unit with off-street parking provided on the property
as an integral part of the unit.
Any dwelling unit owned or managed by a person, firm, or
corporation which is rented or leased for a period of no more than
30 consecutive days.
[Added 12-18-2023 by Ord. No. 2023-03]
Includes any writing (including letter, word or numeral);
pictorial representation (including illustration or decoration); emblem
(including device, symbol, or trademark); or any other device or similar
character which 1) is a structure or any part thereof, or is attached
to, painted on, or in any other manner represented on a building,
vehicle or other structure; 2) is used to announce direct attention
to, or advertise; and 3) is visible from outside a building.
ANIMATED/MOVING SIGNA sign employing actual motion or the illusion of motion. Animated signs, which are different from changeable signs as defined and regulated in this chapter, include the following types:
Electrically activated. Animated signs producing the illusion
of movement by means of electronic, electrical or electromechanical
input and/or illumination capable of simulating movement through employment
of the characteristics of one or both of the classifications noted
below:
Flashing. Animated signs or animated portions of signs whose
illumination is characterized by a repetitive cycle of intermittent
illumination which includes the illusion of intermittent flashing
light by means of animation. Also any mode of lighting which resembles
zooming, twinkling, or sparkling. For the purposes of this chapter,
"flashing" will not be defined as occurring if the cyclical period
between on-off phases of illumination exceeds five seconds.
Patterned illusionary movement. Animated signs or animated portions
of signs whose illumination is characterized by simulated movement
through alternate or sequential activation of various illuminated
elements for the purpose of producing repetitive light patterns designed
to appear in some form of constant motion.
Environmentally activated. Animated signs or devices motivated
by wind, thermal changes or other natural environmental input. Includes
spinners, pinwheels, pennant strings and/or other devices or displays
that respond to naturally occurring external motivation.
Mechanically activated. Animated signs characterized by repetitive
motion and/or rotation activated by a mechanical system powered by
electric motors or other mechanically induced means.
BANNERAny sign of lightweight fabric or similar material that is permanently mounted to a pole or building by a permanent frame at one or more edges. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners.
BEACONAny light with one or more beams directed into the atmosphere or directed at one or more points not on the same zone lot as the light source; also, any light with one or more beams that rotate or move.
BUILDING MARKERAny sign indicating the name of a building and data and incidental information about its construction, which sign is cut into a masonry surface or made bronze or other permanent material.
CANOPY SIGNAny sign that is part of or attached to an awning, canopy or other fabric, plastic, or structural protective cover over a door, entrance, window, or outside service area. A marquee is not a canopy.
CHANGEABLE SIGNA sign with the capability of content change by means of manual or remote input, including signs which are:
Manually activated. Changeable sign whose message copy or content
can be changed manually, or
Electrically activated. Changeable sign whose message copy or
content can be changed by means of remote electrically energized on-off
switching combinations of alphabetic or pictographic components arranged
on a display surface. Illumination may be integral to the components,
such as characterized by lamps or other light-emitting devices; or
it may be from an external light source designed to reflect off the
changeable component display. (See also "electronic reader board/message
center.")
ELECTRONIC READER BOARD/MESSAGE CENTERAn electrically activated changeable sign whose variable message capability can be electronically programmed. A sign that contains a changing message within the copy area that remains on for a specified minimum period of time and blacks out for a specified period of time between messages. Messages contained on the sign do not travel or appear to travel in any direction.
FLAGAny fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity.
FLASHING SIGNSee "animated/moving sign, electrically activated."
FREESTANDING SIGNAn independently supported sign which is not attached to any building or structure.
IDENTIFICATION SIGNAny sign indicating the name and address of an occupant of a building.
INCIDENTAL SIGNA sign, generally informational, that has a purpose secondary to the use of the zone lot on which it is located, such as "no parking," "entrance," "loading only," "telephone," and other similar directives. No sign with a commercial message legible from a position off the zone lot on which the sign is located shall be considered incidental.
MARQUEE SIGNAny sign attached to, in any manner, or made part of a marquee.
NONCONFORMING SIGNAny sign that does not conform to the requirements of this chapter.
PENNANTAny lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, string, usually in series, designed to move in the wind.
PORTABLE SIGNAny sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A-frames or T-frames; menu and sandwich board signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business.
PROJECTING SIGNA sign erected or displayed which is attached to the wall of a building and projects in a perpendicular fashion from said wall. Wall signs that project more than 12 inches shall be treated as projecting signs.
ROOF SIGNAny sign erected and constructed wholly on and over the roof of building supported by the roof structure, and extending vertically above the highest portion of the roof. Roof signs shall not exceed the maximum height requirements for buildings or structures.
ROOF SIGN, INTEGRALAny sign erected or constructed as an integral or essentially integral part of a normal roof structure or design, such that no part of the sign extends vertically above the highest portion of the roof and such that no part of the sign is separated from the rest of the roof by a space of more than six inches.
SUSPENDED SIGNA sign that is suspended from the underside of a horizontal plane surface and is supported by such surface.
TEMPORARY SIGNAny sign that is used temporarily and is not permanently mounted.
WALL SIGNA sign erected or displayed on or parallel to the surface of a building and does not project more than 12 inches therefrom.
WINDOW SIGNAny sign, pictures, symbol or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, which is placed inside a window or upon the windowpanes or glass and is visible from the exterior of the window.
The area of a sign shall be construed to include the entire
display surface and background, whether open or enclosed, which encompasses
lettering, wording, designs, and symbols, but not including any supporting
framework and bracing which is incidental to the display itself. The
area shall be determined using the largest visible sign or silhouette
area. When the sign consists of individual letters or symbols attached
to or printed on a surface, the area shall be considered to be the
smallest rectangular shape or shapes which can be drawn together to
encompass all of the letters and symbols.
Any sign which is owned or operated by any person, firm,
or corporation engaged in the business of outdoor advertising for
direct profit gained from the rental of such signs or any sign advertising
a commodity not sold or produced on the premises, including "billboards."
A sign consisting of two display areas placed back to back
or joined along a common edge and is treated as having one sign area.
If the display areas are joined along a common edge and the interior
angle is greater than 45°, the structure shall be treated as having
two sign areas.
A plan of a lot or subdivision on which is shown topography;
location of all buildings, roads, rights-of-way, and boundaries; all
essential dimensions and bearings; and any other information deemed
necessary by the Township in unusual or special cases.
A use specified in the district regulations which is permitted
only if the Zoning Hearing Board grants it as a special exception
use and allows issuance of a permit by the Zoning Administrator pursuant
to the provisions of this chapter.
An intensive animal husbandry use containing a large yard
area with pens or stables where cattle, sheep, swine, or other livestock
are kept ready for sale or shipping.
A story is that part of a building between the surface of
any floor and the next floor above it or in its absence, the finished
ceiling or roof above it. A "split level" story shall be considered
a second story if its floor level is six feet or more above the level
of the line of the finished floor next below it. Any floor under a
sloping roof at the top of a building which is more than two feet
below the top plate shall be counted as a story; and, if less than
two feet below the top plate, shall be counted as a half story.
A public thoroughfare, right-of-way (or private road or right-of-way)
20 feet in width or greater which affords primary vehicular access
to abutting properties.
The line determining the limit of the street or public right-of-way,
either existing or contemplated. Also referred to as the street lot
line or road right-of-way line. Where a definite right-of-way width
has not been established, the street line shall be determined as a
line 25 feet from the center line of the existing street.
A man-made object usually assembled of interdependent parts
or components which is designed to have a more or less fixed location,
whether or not permanently attached at that location.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines for the purpose,
whether immediate or future, or lease, transfer of ownership or building
or lot development; provided, however, that the (division) subdivision
by lease of land for agricultural purposes into parcels of more than
10 acres, not involving any new street or easement of access or residential
dwellings shall be exempt.
A single-family dwelling located on an independent lot and
constructed as a part of a series of three or more connected single-family
dwellings with one dwelling unit from floor to roof. Townhouses are
typically two stories high and units are considered attached dwellings,
except for the end units of a building series which are semidetached.
Townhouses are generally owner-occupied and provide residents with
individual yards, parking, and utility access. Common areas and facilities,
including parking areas, may be designed for joint utilization by
all residents of the townhouse development.
Any solid, liquid or gaseous matter, including, but not limited
to, gases, vapors, dusts, fumes and mists, containing properties which
by chemical means are:
Inherently harmful and likely to destroy life or impair health;
or
Capable of causing injury to the well-being of persons or damage
to property.
The following materials and substances listed have been determined
to be dangerous to human life:
Acetone.
Ammonia.
Benzene.
Calcium carbide.
Carbon disulfide.
Celluloid.
Chlorine.
Hydrochloric acid.
Hydrocyanic acid.
Magnesium.
Nitric acid and oxides of nitrogen.
Petroleum products (gasoline, fuel oil, etc.).
Phosphorus.
Potassium.
Pesticides (including insecticides, fungicides, and rodenticides).
Sodium.
Sulfur and sulfur products.
Radioactive substances, insofar as such substances are not otherwise
regulated.
A vehicular portable structure built on a chassis (motorized
home, converted bus, tent trailer, tent, or similar device) designed
to be used as a temporary dwelling for travel and recreational purposes.
A modification of the regulations of this chapter granted
by the Zoning Hearing Board to the petitioner on grounds of practical
difficulties or an unnecessary hardship, not self-imposed, pursuant
to the provisions of this chapter and the MPC.[3]
An open space, other than a court, unoccupied by a structure;
provided, however, that fences, walls, posts, trees, lawn furniture,
and other customary yard accessories are permitted in any yard subject
to height limitations and requirements limiting obstruction of visibility.
An unoccupied space, open to the sky, between the front property
line (road right-of-way line) and the building line of the principal
building closest to the front property line.
An unoccupied space, open to the sky, between the rear property
line and the building line of the principal building which is closest
to the rear property line.
An unoccupied space, open to the sky, provided between the
front property line (road right-of-way line) and a line drawn parallel
thereto, at such distance therefrom as may be specified herein for
any district, and extending for the full width of the lot.
An unoccupied space, open to the sky, between the rear property
in and a line drawn parallel thereto at such distance therefrom as
may be specified herein for any district and extending for the full
width of the lot.
An unoccupied space, open to the sky, between the side property
line and a line drawn parallel thereto at such distance therefrom
as may be specified herein for any district and extending the full
depth of the lot.
An unoccupied space, open to the sky, between the side property
line and the side building line of the principal building. In most
cases, a lot has two side yards located on opposite sides of the principal
building.
The agent(s) or official(s) designated by the Township Supervisors
to enforce this chapter of the East Hanover Township Code.
